Osborne v. Osborne

In Osborne v. Osborne (1992), 81 Ohio App.3d 666, 611 N.E.2d 1003, the Court, in finding that the appellant had committed a fraud upon the court by misrepresenting his gross income at the time the dissolution decree was entered, retroactively modified the appellant's child support obligation to the date of the dissolution decree. Id. In so holding, we reasoned that "if we were to hold that the trial court could retroactively order this support figure only to the date of appellee's motion, appellant would still retain the benefits of the fraud he perpetrated upon appellee and the court between the dates of the dissolution decree and appellee's motion." Thus, we limited our holding to the circumstances of the case, reasoning moreover that the trial court "was utilizing its inherent powers to remedy a fraud rather than merely asserting its modification jurisdiction." Id.